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I want to end my relationship but my ex-partner won’t move out of the house that we own. What can I do?
Both you and your ex-partner are entitled to live in your home after separation regardless of whose name is on the title. You cannot be forced to leave just because the property is not in your name. The only way you can be forced to leave is if the Court orders it.
If you do have to move out, it will not affect your property entitlement. Your rights continue even if you leave. If you fear violence, you should seek advice immediately.
Sometimes one party may seek a sole occupancy order which requires the other party to leave. This allows the remaining spouse to live in the house until the property is divided. This order will usually only be made in exceptional situations where there is domestic violence, threats are being made or if the house has been adjusted because somebody has a disability.
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AFFILIATES
Vanessa Mathews
Managing Director FDRP and Mediator
BCOMM BSW LLB
Accredited Family Law Specialist, FDRP,
Mediator and Parenting Coordinator
Vanessa Mathews is the founder and managing director of Byron Bay Family Law & Mediation Specialists, and has the rare combination of social work qualifications and experience, combined with nearly 20 years’ experience as a lawyer and mediator; it makes her approach to resolving legal relationship issues both sensible and sensitive.
She is a fully accredited family law specialist, mediator, family dispute resolution practitioner and parenting coordinator with a commerce degree – adding a financially astute aspect to her practice.
Vanessa has extensive experience in complex issues that arise from relationship breakdown, and works in partnership with her clients,
who regularly describe her as empathetic
Vanessa is an active member of the family law profession and
a member of the:
- Law Institute of Victoria, Family Law Section
- Law Council of Australia, Family Law Section
- Resolution Institute
- Australian Institute of Family Law Arbitrators and Mediators
- National Mediation Accreditation System
- Relationships Australia Family Lawyers Panel
- Fellow of the International Academy of Family Lawyers
- Relationships Australia / Federal Circuit Court ‘Access Resolve’ Mediation Service
- Relationships Australia ‘Property Mediation’ Service
Vanessa and Byron Bay Family Law & Mediation Specialists
are regularly recognised as a ‘Leading Victorian Family
Lawyer’, ‘Recommended Family Law Mediator’ and a
‘Leading Victorian Family Law Firm’ by Doyle’s Guide to
the Australian Legal Profession.
Get Started With Vanessa
Book A Free Consult
Vanessa Mathews
Managing Director FDRP and Mediator
BCOMM BSW LLB
Accredited Family Law Specialist, FDRP,
Mediator and Parenting Coordinator
Vanessa Mathews is the founder and managing director of Byron Bay Family Law & Mediation Specialists, and has the rare combination of social work qualifications and experience, combined with nearly 20 years’ experience as a lawyer and mediator; it makes her approach to resolving legal relationship issues both sensible and sensitive.
She is a fully accredited family law specialist, mediator, family dispute resolution practitioner and parenting coordinator with a commerce degree – adding a financially astute aspect to her practice.
Vanessa has extensive experience in complex issues that arise from relationship breakdown, and works in partnership with her clients,
who regularly describe her as empathetic
Vanessa is an active member of the family law profession and
a member of the:
- Law Institute of Victoria, Family Law Section
- Law Council of Australia, Family Law Section
- Resolution Institute
- Australian Institute of Family Law Arbitrators and Mediators
- National Mediation Accreditation System
- Relationships Australia Family Lawyers Panel
- Fellow of the International Academy of Family Lawyers
- Relationships Australia / Federal Circuit Court ‘Access Resolve’ Mediation Service
- Relationships Australia ‘Property Mediation’ Service
Vanessa and Byron Bay Family Law & Mediation Specialists
are regularly recognised as a ‘Leading Victorian Family
Lawyer’, ‘Recommended Family Law Mediator’ and a
‘Leading Victorian Family Law Firm’ by Doyle’s Guide to
the Australian Legal Profession.
Get Started With Vanessa